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Nissan and Carlos Ghosn settle SEC claims over undisclosed compensation

WASHINGTON — Nissan and its former Chief Executive Carlos Ghosn have agreed to settle claims from the U.S. Securities and Exchange Commission over false financial disclosures related to Ghosn's compensation, an SEC statement said on Monday. Nissan will pay $15 million, while Ghosn agreed to a $1 million civil penalty and a 10-year ban from serving as an officer or director of a publicly traded U.S. company, the SEC statement said. Ghosn was arrested in Japan and fired by Nissan last year. He is awaiting trial in Tokyo on financial misconduct charges that he denies. Former Nissan human resources official Gregory Kelly agreed to a $100,000 penalty and a five-year officer and director ban. Nissan, Ghosn, and Kelly settled without admitting or denying the SEC's allegations and findings. The SEC said in total Nissan in its financial disclosures omitted more than $140 million to be paid to Ghosn in retirement — a sum that ultimately was not paid. The SEC also accused Ghosn in a suit filed in New York that he engaged in a scheme to conceal more than $90 million of compensation. That suit is being settled as part of the agreement announced Monday. Nissan confirmed it had settled the allegations and said it "is firmly committed to continuing to further cultivate robust corporate governance." Nissan provided significant cooperation to the SEC, the agency said. The company now has a new governance structure with three statutory committees — audit, compensation and nomination — and has amended its securities reports for all relevant years. The SEC said beginning in 2004 Nissan's board delegated to Ghosn the authority to set individual director and executive compensation levels, including his own. The SEC said "Ghosn and his subordinates, including Kelly, crafted various ways to structure payment of the undisclosed compensation after Ghosn's retirement, such as entering into secret contracts, backdating letters to grant Ghosn interests in Nissan's Long Term Incentive Plan, and changing the calculation of Ghosn's pension allowance to provide more than $50 million in additional benefits." "Investors are entitled to know how, and how much, a company compensates its top executives. Ghosn and Kelly went to great lengths to conceal this information from investors and the market," said Stephanie Avakian, co-director of the SEC's Division of Enforcement.

Ex-Green Beret arrested in Ghosn's escape has lived a life of danger

This Dec. 30, 2019, image from security camera video shows Michael L. Taylor, center, and George-Antoine Zayek at passport control at Istanbul Airport in Turkey. Taylor, a former Green Beret, and his son, Peter Taylor, 27, were arrested Wednesday in Massachusetts on charges they smuggled Nissan ex-Chairman Carlos Ghosn out of Japan in a box in December 2019, while he awaited trial there on financial misconduct charges. / AP   Decades before a security camera caught Michael Taylor coming off a jet that was carrying one of the world’s most-wanted fugitives, the former Green Beret had a hard-earned reputation for taking on dicey assignments. Over the years, Taylor had been hired by parents to rescue abducted children. He went undercover for the FBI to sting a Massachusetts drug gang. And he worked as a military contractor in Iraq and Afghanistan, an assignment that landed him in a Utah jail in a federal fraud case. So when Taylor was linked to the December escape of former Nissan CEO Carlos Ghosn from Japan, where the executive awaited trial on financial misconduct charges, some in U.S. military and legal circles immediately recognized the name. Taylor has “gotten himself involved in situations that most people would never even think of, dangerous situations, but for all the right reasons,” Paul Kelly, a former federal prosecutor in Boston who has known the security consultant since the early 1990s, said earlier this year. “Was I surprised when I read the story that he may have been involved in what took place in Japan? No, not at all.” Wednesday, after months as fugitives, Taylor, 59, and his son, Peter, 27, were arrested in Massachusetts on charges accusing them of hiding Ghosn in a shipping case drilled with air holes and smuggling him out of Japan on a chartered jet. Investigators were still seeking George-Antoine Zayek, a Lebanese-born colleague of Taylor. “He is the most all-American man I know,” TaylorÂ’s assistant, Barbara Auterio, wrote to a federal judge before his sentencing in 2015. “His favorite song is the national anthem.” Kelly, now serving as the attorney for the Taylors, said they plan to challenge JapanÂ’s extradition request “on several legal and factual grounds.” “Michael Taylor is a distinguished veteran and patriot, and both he and his son deserve a full and fair hearing regarding these issues,” Kelly said in an email.

Mitsubishi slashes annual profit forecast on slowing car sales

TOKYO — Mitsubishi Motors on Wednesday cut its full-year profit outlook by 67% as it expects sluggish demand in North America and China will continue, while a strong yen and research and development costs will also hurt the automaker's bottom line. Japan's sixth-largest automaker now expects operating profit to come in at 30.0 billion yen in the year to March, down from a previous forecast for 90.0 billion yen. The new outlook would be Mitsubishi's lowest profit since the year ended March 2017. The downgrade comes after Mitsubishi, in which Nissan holds a controlling stake, reported a 78% plunge in operating profit during the July-September quarter to 6.3 billion yen, lower than a mean forecast for 16.26 billion yen from analysts polled by Refinitiv. It joins a growing number of Japanese automakers which are bracing for lower profitability. Earlier on Wednesday, Subaru lowered its annual profit forecast due to a stronger yen and a cut in domestic output due to a major typhoon last month. Mazda and Suzuki have also cut their respective outlooks within the past month due to slowing demand for their cars. Earnings/Financials Mitsubishi